Evidence Flashcards

A set of vocabulary-style flashcards covering key concepts from evidence rules (relevance, admissibility, 403 balancing, 104(b) conditional relevance, juror testimony rules, and related case law.)

Rule 401 relevance test

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence (probative) and the fact is of consequence in determining the action (material).

Rule 402 admissibility

Relevant evidence is admissible unless excluded by the U.S. Constitution, a federal statute, the FRE, or Supreme Court rules; Irrelevant evidence is inadmissible.

Rule 403 balancing

The court may exclude relevant evidence if its probative value is substantially outweighed by dangers such as unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Unfair prejudice (Rule 403)

An undue tendency to suggest a decision on an improper basis, often emotional or propensity-based.

Ordinary prejudice

Prejudice that is a normal risk of evidence that does not cross into unfair prejudice; not unduly prejudicial.

Rule 104(b) conditional relevance

When the relevance of evidence depends on a fact, the court may admit it only if there is proof sufficient for a reasonable jury to find that fact true (conditional relevance).

Trigger test for Rule 104(b)

Would the evidence be meaningless unless another fact is true? If yes, its relevance is conditional.

Rule 606(b) general prohibition

Jurors may not testify about statements made during deliberations, incidents during deliberations, or mental processes in reaching a verdict when used to challenge the verdict.

Rule 606(b) exceptions

Exceptions allow juror testimony about (1) extraneous prejudicial information improperly brought to the jurys attention, (2) outside influence on jurors, or (3) a mistake in entering the verdict.

Tanner v. United States

Juror drug or alcohol use during trial/deliberations is an internal process and not an exception under 606(b); misconduct must be shown through non-juror evidence or direct observations.

Pena-Rodríguez v. Colorado

In criminal cases, there is a constitutional exception allowing juror testimony when a clear statement shows racial bias was a significant motivating factor in the verdict.

Old Chief v. United States (stipulations)

When a stipulation satisfies a formal element and details are irrelevant to the narrative, the probative value of detailed evidence may be substantially outweighed by unfair prejudice under Rule 403.

Relevance analysis sequence

Always analyze 401 (relevance) 402 (admissibility) 403 (balancing). Apply 104(b) if relevance depends on another fact.

Probative (Rule 401 term)

Having the tendency to prove or disprove a fact; improves the likelihood of proving a point.

Material (Rule 401 term)

Of consequence in determining the action; the fact matters to the outcome of the case.

Q: What is the text of Rule 401 (Test for Relevant Evidence)?

A: Evidence is relevant if (a) it has any tendency to make a fact more or less probable than it would be without the evidence, and (b) the fact is of consequence in determining the action.

Q: What do the Advisory Committee Notes emphasize about Rule 401?

A: The rule sets a very low bar for relevance — “any tendency” is enough. Relevance requires both probative value and materiality. The focus is whether the fact matters under the substantive law.

Q: What is the text of Rule 402 (General Admissibility of Relevant Evidence)?

A: Relevant evidence is admissible unless the U.S. Constitution, a federal statute, these rules, or Supreme Court rules provide otherwise. Irrelevant evidence is not admissible.

Q: What do the Advisory Committee Notes emphasize about Rule 402?

A: The rule codifies the default presumption in favor of admissibility. Exclusions must come from higher authority (Constitution, statute, FRE, or Supreme Court).

Q: What is the text of Rule 403 (Excluding Relevant Evidence)?

A: The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Q: What do the Advisory Committee Notes emphasize about Rule 403?

A: “Unfair prejudice” means an undue tendency to suggest decision on an improper basis, such as emotion. The rule gives trial judges discretion and uses “substantially outweighed” to favor admission over exclusion.

Q: What is the text of Rule 104(b) (Conditional Relevance)?

A: When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the evidence on the condition that proof be introduced later.

Q: What do the Advisory Committee Notes emphasize about Rule 104(b)?

A: Judges do not decide whether the conditional fact is true, only whether a reasonable jury could find it true. This leaves the ultimate determination of relevance to the jury.

Q: What is the text of Rule 606(b) (Juror’s Competency as a Witness)?

A: During an inquiry into the validity of a verdict or indictment, a juror may not testify about (1) statements made or incidents during deliberations, (2) the effect on any juror’s vote, or (3) any juror’s mental processes.

Exceptions: A juror may testify about (A) extraneous prejudicial information improperly brought to the jury’s attention, (B) outside influence, or (C) a mistake on the verdict form.

Q: What do the Advisory Committee Notes emphasize about Rule 606(b)?

A: The rule balances protecting jury deliberations with guarding against misconduct. Tanner confirmed juror drug/alcohol use is an internal process and inadmissible. The 2006 Amendment clarified scope. Peña-Rodriguez later recognized a constitutional exception for clear racial bias in criminal cases.

What is the text of Rule 401 (Test for Relevant Evidence)?

Evidence is relevant if (a) it has any tendency to make a fact more or less probable than it would be without the evidence, and (b) the fact is of consequence in determining the action.

What do the Advisory Committee Notes emphasize about Rule 401?

The rule sets a very low bar for relevance — “any tendency” is enough. Relevance requires both probative value and materiality. The focus is whether the fact matters under the substantive law.

What is the text of Rule 402 (General Admissibility of Relevant Evidence)?

Relevant evidence is admissible unless the U.S. Constitution, a federal statute, these rules, or Supreme Court rules provide otherwise. Irrelevant evidence is not admissible.

What do the Advisory Committee Notes emphasize about Rule 402?

The rule codifies the default presumption in favor of admissibility. Exclusions must come from higher authority (Constitution, statute, FRE, or Supreme Court).

What is the text of Rule 403 (Excluding Relevant Evidence)?

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

What do the Advisory Committee Notes emphasize about Rule 403?

“Unfair prejudice” means an undue tendency to suggest decision on an improper basis, such as emotion. The rule gives trial judges discretion and uses “substantially outweighed” to favor admission over exclusion.

What is the text of Rule 104(b) (Conditional Relevance)?

When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the evidence on the condition that proof be introduced later.

What do the Advisory Committee Notes emphasize about Rule 104(b)?

Judges do not decide whether the conditional fact is true, only whether a reasonable jury could find it true. This leaves the ultimate determination of relevance to the jury.

What is the text of Rule 606(b) (Juror’s Competency as a Witness)?

During an inquiry into the validity of a verdict or indictment, a juror may not testify about (1) statements made or incidents during deliberations, (2) the effect on any juror’s vote, or (3) any juror’s mental processes.

What are the exceptions to Rule 606(b)?

A juror may testify about (A) extraneous prejudicial information improperly brought to the jury’s attention, (B) outside influence, or (C) a mistake on the verdict form.

What do the Advisory Committee Notes emphasize about Rule 606(b)?

The rule balances protecting jury deliberations with guarding against misconduct. Tanner confirmed juror drug/alcohol use is an internal process and inadmissible. The 2006 Amendment clarified scope. Peña-Rodriguez later recognized a constitutional exception for clear racial bias in criminal cases.